2 total
Request to defer human rights application pending parallel wrongful dismissal civil claim denied.
The corporate respondent requested that the Tribunal defer consideration of the applicant's human rights application pending the conclusion of a civil wrongful dismissal claim filed by the personal respondent against the corporate respondent.
The applicant opposed the deferral.
The Tribunal denied the deferral request, finding that the legal issues in the two proceedings were distinct and there was no significant risk of inconsistent decisions of fact or law.
Appeal dismissed; employee was wrongfully dismissed but suffered no damages due to mitigation and stock plan terms.
The appellant appealed the dismissal of his wrongful dismissal claim against his former employer.
The trial judge had found that the appellant resigned when he stated he could not work for a rival who was appointed president.
The Court of Appeal overturned the finding of resignation, concluding the appellant was wrongfully dismissed.
However, the Court upheld the trial judge's findings that the nine-month notice period was reasonable, that the appellant suffered no damages for lost income because he mitigated his losses with higher-paying subsequent employment, and that the unambiguous language of the employer's stock option plans precluded the appellant from exercising options that would have vested during the notice period.
The appeal was dismissed.
